TC Resolution 20-05 Approving the Expenditure of Community Enhancement Funds from Holy Cross EnergyA
Avon
COL OH A 00
TOWN OF AVON
RESOLUTION 20-05
SERIES OF 2020
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO, APPROVING THE EXPENDITURE OF
COMMUNITY ENHANCEMENT FUNDS FROM HOLY CROSS
ENERGY AS PROVIDED FOR IN ARTICLE 11
WHEREAS, the Town Council of the Town of Avon, Colorado, has approved Ordinance No.
2001-01, Series of 2001 which granted a franchise to Holy Cross Energy the ("Company"); and
WHEREAS, Article 11 of Ordinance No. 2001-01 provides that Holy Cross Energy will
voluntarily make monetary resources available to the Town, through the Holy Cross Community
Enhancement Fund (the "Community Enhancement Fund") for programs designed to make a
difference in people's lives and the communities in which they reside; and
WHEREAS, Section 1 1.1 of Ordinance No. 2001-01 limits the use for which such funds
shall be spent shall to: (1) Beautification projects; (2) Energy conservation projects; (3)
Equipment and technology upgrades for schools; (4) Scholarship funds; (5) Acquisition of
open space and/or park land and development thereof; (6) Sponsorship of special
community events; and, (7) Undergrounding of overhead electric and other utility lines.
Funds made available under this Article may be spent for other purposes only with the
express written consent of the Company; and,
WHEREAS, Section 11.4 of Ordinance No. 2001-01, provides that the Town Council is
required to approve the expenditure of funds from the Community Enhancement Fund by
resolution or ordinance, and such resolution or ordinance shall clearly describe the nature
and purpose of the project for which the expenditure is made and that prior to any
expenditure, the Town shall notify the Company of its intended use of the funds. Unless the
Company objects, in writing, prior to such expenditure, the Company shall have waived its
right to object in the future if the funds are expended for the use identified in the notice; and,
WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution
will promote the health, safety and general welfare of the Avon community.
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Avon Town Council approves utilizing funds from the Community
Enhancement Fund as shown in Exhibit A attached hereto. The Town Council believes that
the expenditure of these funds meets the intent and purpose of Article I 1 of Ordinance No.
2001-01 and the projects as described in Article 11.1 hereof.
Section 2. Town staff shall forward this resolution to Holy Cross Energy to comply with
Section 11.4 of Ordinance No. 2001-01, Series of 2001.
ADOPTED this 10th day of March 2020.
0 NOFA�O�
AVON TOWN COUNCIL
By: �, / Attest:
Sarah Attest:
Sarah qayor
Torres, Town C
Res 20-05 - APPROVING USE OF COMMUNITY ENHANCEMENT FUNDS — March 10, 2020
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